Opinion
2012-08219 Index No. 10-4747 M150155
01-24-2013
Gerald P. Hoke, appellant, v. Germaine Hoke, respondent.
, J.P.
PLUMMER E. LOTT
LEONARD B. AUSTIN
SANDRA L. SGROI, JJ.
DECISION & ORDER ON MOTION
Motion by Montalbano, Condon & Frank, P.C., for leave to withdraw as counsel for the appellant on an appeal from a decision of the Supreme Court, Rockland County, dated July 3, 2012.
Upon the papers filed in support of the motion and no papers having been filed in relation or opposition thereto, it is
ORDERED that on the Court's own motion, the notice of appeal from the decision is deemed to be a premature notice of appeal from a judgment of the Supreme Court, Rockland County, entered November 2, 2012 (see CPLR 5520[c); and it is further,
ORDERED that the motion is granted, and on or before February 6, 2013, Montalbano, Condon & Frank, P.C., is directed to serve its client by one of the methods specified in CPLR 2103(c), with a copy of this decision and order on motion and shall file proof of such service with the Clerk of this Court; and it is further,
ORDERED that no further proceedings shall be taken against the appellant, without leave of the Court, until the expiration of 30 days after service upon him of a copy of this decision and order on motion; and it is further,
ORDERED that on the Court's own motion, the appellant's time to perfect the appeal is enlarged until March 20, 2013, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
BALKIN, J.P., LOTT, AUSTIN and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court